IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

 

SANDRA CORTEZ ) 

 ) 

 Plaintiff, ) Civil Action No. 

 vs. ) 

 ) 

TRANS UNION, LLC ) 

 ) 

 Defendant. ) 

 ) 

 

COMPLAINT

I. Preliminary Statement

1. This is an action for damages brought by an individual consumer against 

Defendant for violations of the Fair Credit Reporting Act (hereafter the “FCRA”), 15 U.S.C. §§ 

1681 et seq., as amended, and various other state laws. 

II. Jurisdiction and Venue

2. Jurisdiction of this Court arises under 15 U.S.C. § 1681p, 28 U.S.C. §1331, 1337, 

and supplemental jurisdiction exists for the state law claims pursuant to 28 U.S.C. §1367. 

3. Venue lies properly in this district pursuant to 28 U.S.C. §1391(b). 

III. Parties

 4. Plaintiff Sandra Cortez is an adult individual who resides at 6026 Blue Ridge 

Drive, Apt F, Highlands Ranch, CO 80130. 

 5. Defendant Trans Union, LLC is a business entity that regularly conducts business 

in Philadelphia County, Pennsylvania, and which has a principal place of business located at 

1510 Chester Pike, Crum Lynne, PA 19022. 

 

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IV. Factual Allegations

6. Defendant has been reporting derogatory and inaccurate statements and 

information relating to Plaintiff to third parties (hereafter the “inaccurate information”). 

7. The inaccurate information includes, but is not limited to, Hawk Alerts, OFAC 

Advisor Alerts, and other personal information. 

8. The inaccurate information negatively reflects upon the Plaintiff. The inaccurate 

information consists of statements that cannot be attributed to the Plaintiff, or which 

misrepresent the Plaintiff, as well as incorrect personal identifying information. 

9. Defendant has been reporting the inaccurate information through the issuance of 

false and consumer credit reports that they have disseminated to various persons and credit 

grantors, both known and unknown. 

10. Plaintiff has repeatedly disputed the inaccurate information with the Defendant by 

both oral and written communications to their representatives and by following Defendant’s 

established procedure for disputing consumer credit information. 

11. Plaintiff has repeatedly disputed the inaccurate information with Defendant on 

multiple occasions, including but not limited to, from March of 2005 through the present. 

12. In addition to repeatedly disputing the inaccurate information, Plaintiff has 

provided Defendant with extrinsic written documentation corroborating Plaintiff’s disputes. 

13. Notwithstanding Plaintiff’s efforts, Defendant has sent Plaintiff correspondence 

indicating their intent to continue publishing the inaccurate information and Defendant continued 

to publish and disseminate such inaccurate information to other third parties, persons, entities 

and credit grantors. Defendant has repeatedly published and disseminated consumer reports to 

such third parties, including but not limited to, from March of 2005 through the present. 

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14. Despite Plaintiff’s efforts, Defendant has never: (1) contacted the Plaintiff to 

follow up on, verify and/or elicit more specific information about Plaintiff’s disputes; (2) 

contacted any third parties that would have relevant information concerning Plaintiff’s disputes; 

(3) forwarded any relevant information concerning Plaintiff’s disputes to the entities originally 

furnishing the inaccurate information; and (4) requested or obtained any other relevant 

documents from the entities furnishing the inaccurate information. 

15. Despite Plaintiff’s exhaustive efforts to date, Defendant has nonetheless 

deliberately, willfully, intentionally, recklessly and negligently repeatedly failed to perform 

reasonable reinvestigations of the above disputes as required by the FCRA, has failed to remove 

the inaccurate information, has failed to report on the results of its reinvestigations to all credit 

reporting agencies, has failed to note the disputed status of the inaccurate information and has 

continued to report the derogatory inaccurate information about the Plaintiff. 

16. Plaintiff has applied for and has been denied various loans and extensions of 

consumer credit on many different occasions, and Plaintiff has been informed that the basis for 

these denials was the inaccurate information that appears on Plaintiff’s credit reports and that the 

inaccurate information was a substantial factor for those denials. 

 17. Plaintiff’s credit reports and file have been obtained from Defendant and have 

been reviewed many times by prospective and existing credit grantors and extenders of credit, 

and the inaccurate information has been a substantial factor in precluding Plaintiff from 

receiving many different credit offers and opportunities, known and unknown, and from 

receiving the most favorable terms in financing and interest rates for credit offers that were 

ultimately made. 

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 18. As a result of Defendant’s conduct, Plaintiff has suffered actual damages and 

serious financial and pecuniary harm arising from monetary losses relating to credit denials, loss 

of use of funds, loss of credit and loan opportunities, excessive and/or elevated interest rate and 

finance charges, out-of-pocket expenses including, but not limited to, local or long distance 

telephone calls, postage, faxing and other related costs, all of which will continue into the future 

to Plaintiff’s great detriment and loss. 

 19. As a result of Defendant’s conduct, Plaintiff has suffered great physical, 

emotional and mental pain and anguish, and Plaintiff will continue to suffer the same for an 

indefinite time in the future, all to Plaintiff’s great detriment and loss. 

 20. As a result of Defendant’s conduct, Plaintiff has suffered actual damages in the 

form of financial and dignitary harm arising from the injury to credit rating and reputation, and 

Plaintiff will continue to suffer the same for an indefinite time in the future, all to Plaintiff’s 

great detriment and loss. 

 21. As a result of Defendant’s conduct, Plaintiff has suffered a decreased credit score 

as a result of multiple inquiries appearing on Plaintiff’s credit file. 

 22. At all times pertinent hereto, Defendant was acting by and through their agents, 

servants and/or employees who were acting within the course and scope of their agency or 

employment, and under the direct supervision and control of the Defendant herein. 

 23. At all times pertinent hereto, the conduct of the Defendant, as well as that of its 

agents, servants and/or employees, was malicious, intentional, willful, reckless, and in grossly 

negligent disregard for federal and state laws and the rights of the Plaintiff herein. 

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V. CLAIMS

COUNT ONE - FCRA

 24. Plaintiff incorporates the foregoing paragraphs as though the same were set forth 

at length herein. 

 25. At all times pertinent hereto, Defendant was a “person” and “consumer reporting 

agency” as those terms are defined by 15 U.S.C. § 1681a(b) and (f). 

 26. At all times pertinent hereto, the Plaintiff was a “consumer” as that term is 

defined by 15 U.S.C. § 1681a(c). 

 27. At all times pertinent hereto, the above-mentioned credit reports were “consumer 

reports” as that term is defined by 15 U.S.C. § 1681a(d). 

28. Pursuant to 15 U.S.C. §§ 1681n and 15 U.S.C. §§ 1681o, Defendant is liable to 

the Plaintiff for engaging in the following conduct: 

 (a) willfully and negligently failing to conduct a proper and reasonable 

reinvestigation concerning the inaccurate information after receiving notice of the dispute from 

the Plaintiff, in violation of 15 U.S.C. §§ 1681i(a); 

 (b) willfully and negligently failing to provide prompt notice of the inaccurate 

information and Plaintiff’s dispute to the furnishing entities, in violation of 15 U.S.C. §§ 

1681i(a); 

 (c) willfully and negligently failing to provide all relevant information 

provided by the Plaintiff regarding the dispute of the inaccurate information to the furnishing 

entities, in violation of 15 U.S.C. §§ 1681i(a); 

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(d) willfully and negligently failing to review and consider all relevant 

information submitted by the Plaintiff concerning the dispute of the inaccurate information, in 

violation of 15 U.S.C. §§ 1681i(a); 

(e) willfully and negligently failing to delete the inaccurate information from 

Plaintiff’s credit file after reinvestigation, in violation of 15 U.S.C. §§ 1681i(a); 

 (f) willfully and negligently failing to note the Plaintiff’s dispute of the 

inaccurate information and in subsequent consumer reports, in violation of 15 U.S.C. §§ 

1681i(c); 

 (g) willfully and negligently failing to timely and properly investigate the 

inaccurate information after receiving notice of the dispute from the Plaintiff; 

 (h) willfully and negligently failing to employ and follow reasonable 

procedures to assure maximum possible accuracy of Plaintiff’s credit report, information and 

file, in violation of 15 U.S.C. §§ 1681e(b); 

 (i) willfully and negligently failing to properly and timely delete the 

inaccurate information from the Plaintiff’s credit files despite being unable to verify the 

accuracy of the information and/or being provided with proof of its inaccuracy; 

 (j) willfully and negligently continuing to report the inaccurate information 

despite having knowledge of its inaccuracy and/or inability to be verified; and 

 (k) willfully and negligently failing to clearly and accurately disclose to 

Plaintiff all information in Plaintiff’s credit file at the time of Plaintiff’s request for the same, in 

violation of 15 U.S.C. §§ 1681g(a). 

 29. The conduct of Defendant was a direct and proximate cause, as well as a 

substantial factor, in bringing about the serious injuries, actual damages and harm to the Plaintiff 

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that are outlined more fully above and, as a result, Defendant is liable to the Plaintiff for the full 

amount of statutory, actual and punitive damages, along with the attorneys’ fees and the costs of 

litigation, as well as such further relief, as may be permitted by law. 

COUNT TWO - DEFAMATION

 30. Plaintiff incorporates the foregoing paragraphs as though the same were set forth 

at length herein. 

 31. Defendant has published statements both orally and through writing to various 

creditors, prospective credit grantors, other credit reporting agencies, and other entities that the 

above-referenced derogatory inaccurate information belongs to the Plaintiff. 

 32. Defendant has published these statements each time a credit report on the Plaintiff 

has been requested from any creditor, prospective credit grantors furnisher or other source. 

 33. The statements made by Defendant are false in that they inaccurately reflect 

information about the Plaintiff. 

 34. Defendant has published these statements to at least every single creditor, 

furnisher or prospective creditor or other entity that has requested Plaintiff’s credit report. 

 35. Defendant knew that the statements were false when made, and had no factual 

basis for making the statements, as Plaintiff has notified them repeatedly through writing, 

telephone communication and extensive documentation that the above inaccurate information 

was inaccurate for the reasons stated above. 

 36. Nonetheless, Defendant continues to publish the false and negative statements 

concerning the Plaintiff up through the present time. 

 37. The written statements and publications constitute libel per se. 

 38. The oral statements and publications constitute slander per se. 

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 39. In addition, and despite the repeated notices from Plaintiff, Defendant has acted 

with malice by failing to communicate the information provided to them by Plaintiff to all 

creditors, prospective creditors, furnishers of information and all other entities to whom it 

provides credit information concerning the Plaintiff. 

 40. Defendant’s conduct was a direct and proximate cause, as well as a substantial 

factor, in bringing about the serious injuries, damages and harm to the Plaintiff that are outlined 

more fully above and, as a result, Defendant is liable to compensate the Plaintiff for the full 

amount of actual damages, compensatory damages and punitive damages, as well as such other 

relief, permitted under the law.

COUNT THREE - NEGLIGENCE

 41. Plaintiff incorporates the foregoing paragraphs as if the same were set forth at 

length herein. 

 42. Defendant’s negligence consists of the following: 

(a) Violating the FCRA as set forth above; 

(b) Failing to conduct a proper and reasonable reinvestigation concerning the 

inaccurate information after receiving notice of the dispute from the Plaintiff; 

(c) Failing to provide prompt notice of the inaccurate information and Plaintiff’s 

dispute to creditors; 

(d) Failing to provide all relevant information provided by the Plaintiff regarding the 

dispute of the inaccurate information to creditors; 

(e) Failing to review and consider all relevant information submitted by the Plaintiff 

concerning the dispute of the inaccurate information; 

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(f) Failing to delete or correct the inaccurate information from Plaintiff’s credit file 

after reinvestigation; 

(g) Failing to note the Plaintiff’s dispute of the inaccurate information and in 

subsequent consumer reports; 

(h) Failing to timely and properly investigate the inaccurate information after 

receiving notice of the dispute from the Plaintiff; 

(i) Failing to employ and follow reasonable procedures to assure maximum possible 

accuracy of Plaintiff’s credit report, information and file; 

(j) Failing to properly and timely delete the inaccurate information from the 

Plaintiff’s credit files despite being unable to verify the accuracy of the 

information and/or being provided with proof of its inaccuracy; and 

(k) Continuing to report the inaccurate information despite having knowledge of the 

inaccuracies and/or the inability to be verified. 

43. As a result of Defendant’s above mentioned conduct, Plaintiff sustained and 

continues to sustain the losses and damages as set forth above. 

 44. The conduct of Defendant was a direct and proximate cause, as well as a 

substantial factor, in bringing about the serious injuries, damages and harm to Plaintiff that are 

outlined more fully above and, as a result, Defendant is liable to compensate the Plaintiff for the 

full amount of actual and compensatory damages, as well as such other relief, permitted under 

the law. 

COUNT FOUR – INVASION OF PRIVACY/FALSE LIGHT

45. Plaintiff incorporates the foregoing paragraphs as though the same were set forth 

at length herein. 

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46. Defendant’s above actions violated Plaintiff’s right of privacy by placing the 

Plaintiff in a false light before the eyes of others, including potential credit grantors and creditors 

as well as family, friends and the general public. 

 47. By such unauthorized publication and circulation of Plaintiff’s name and the 

inaccurate information, Defendant invaded Plaintiff’s right to privacy, subjected Plaintiff to 

ridicule and contempt, injured Plaintiff’s personal esteem, reflected disgracefully on Plaintiff’s 

character, diminished Plaintiff’s high standing, reputation and good name among family, friends, 

neighbors and business associates, destroyed Plaintiff’s peace of mind, and caused Plaintiff 

severe mental and emotional distress. 

48. The conduct of Defendant was a direct and proximate cause, as well as a 

substantial factor, in bringing about the serious injuries, damages and harm to Plaintiff that are 

outlined more fully above and, as a result, Defendant is liable to compensate the Plaintiff for the 

full amount of actual, compensatory and punitive damages, as well as such other relief, permitted 

under the law. 

VI. JURY TRIAL DEMAND

49. Plaintiff demands trial by jury on all issues so triable. 

VII. PRAYER FOR RELIEF

 WHEREFORE, Plaintiff seeks judgment in Plaintiff’s favor and damages against the 

Defendant, based on the following requested relief: 

 (a) Actual damages; 

 (b) Statutory damages; 

 (c) Punitive damages; 

 (d) Costs and reasonable attorney's fees pursuant to 15 U.S.C. §§ 1681n, and 1681o; 

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 (e) An order directing that Defendant immediately delete all of the inaccurate 

information from Plaintiff’s credit reports and files and cease reporting the inaccurate 

information to any and all persons and entities to whom they report consumer credit information; 

(f) An order directing that Defendant send to all persons and entities to whom they 

have reported Plaintiff’s inaccurate information within the last three years Plaintiff’s updated and 

corrected credit report information; and 

 (g) Such other and further relief as may be necessary, just and proper. 

 Respectfully submitted, 

 FRANCIS & MAILMAN, P.C. 

 

 

 BY: ____________________________ 

 JAMES A. FRANCIS, ESQUIRE 

 MARK D. MAILMAN, ESQUIRE 

 JOHN SOUMILAS, ESQUIRE 

 MICHAEL J. SZYMBORSKI, ESQUIRE 

 Land Title Building, 19th Floor 

100 South Broad Street 

 Philadelphia, PA 19110 

 (215) 735-8600 

 Attorneys for Plaintiff 

Dated: October 26, 2005 

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